| Case ID |
0450fd85-5fbb-47b3-9557-293204d4ff7a |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.53-Q of 1986 |
| Decision Date |
Apr 12, 1987 |
| Hearing Date |
Apr 12, 1987 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to the Government against the decision of the Federal Service Tribunal, which had accepted the appeal of the respondent, Muhammad Mubarrak. The Court noted that the respondent had tendered an unconditional resignation due to domestic circumstances and had subsequently joined another position without disclosing this fact. The Court expressed concern over the respondent's conduct, suggesting that he may not be entitled to the benefits of the Civil Service Regulations due to the circumstances under which he resigned. The Court observed that the Service Tribunal had unjustly condoned a significant delay in the appeal process, which was against mandatory provisions of law. The decision to grant leave to appeal indicates that the Court is willing to reconsider the previous ruling regarding the respondent's pension entitlement based on his past service, given the circumstances surrounding his resignation and subsequent employment. |
| Summary |
In the case of Civil Petition for Leave to Appeal No.53-Q of 1986, the Supreme Court of Pakistan addressed the issues surrounding the counting of service towards pension for a civil servant, Muhammad Mubarrak, who had resigned from the Telephone and Telegraphs Department and subsequently joined the Education Department. The case highlights the importance of proper disclosure during the resignation process and the implications of the Civil Service Regulations concerning the counting of service for pension benefits. The Court emphasized that resignations for domestic reasons do not qualify for the benefits under Article 418(b) of the Civil Service Regulations. This case is significant for civil servants regarding their rights and obligations upon resignation and the legal frameworks governing pension entitlements. Keywords like 'Civil Service Regulations', 'pension rights', 'Supreme Court of Pakistan', and 'resignation implications' are essential for understanding the legal landscape surrounding civil service employment and pension benefits. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Yakub K. Eusufzai, Advocate General Baluchistan,
S.A. M. Qadri Advocate-on-Record
|
| Petitioners |
FEDERATION OF PAKISTAN,
others
|
| Respondents |
MUHAMMAD MUBARRAK
|
| Citations |
1987 SLD 694,
1987 SCMR 1782
|
| Other Citations |
Not available
|
| Laws Involved |
Baluchistan Service Tribunals Act (V of 1974),
Civil Service Regulations,
Constitution of Pakistan (1973)
|
| Sections |
4,
418,
212(3)
|